INVERSE CONDEMNATION

When a government condemns property without just compensation it can lead to an inverse condemnation action

Most people are familiar with the idea of the government taking private property for a public use through the eminent domain (or direct condemnation) process. And they may know that when property is taken by this process the result is supposed to be payment of just compensation to the property owner.

What is less well known is something called inverse condemnation, which describes the all-too-common situation where the government takes or damages a property but fails to pay adequate compensation to the property owner. It is a situation that requires legal action by the owner. Issues commonly associated with inverse condemnation include properties damaged by flooding, sewage, impairment of access, or noise from overflying aircraft.

Often, getting to an award in an inverse condemnation is a two-stage process: first establishing that there has been a “taking” (without adequate compensation) and then, separately, establishing the amount of the award. While the law has many clear and established features, inverse condemnation can be very hard for an individual or business to navigate and results can vary significantly. Experienced legal counsel and experts in property valuation are critical to the process. Furthermore, the process involves suing the government, which in itself is complicated. Picking an experienced attorney is critical – and wise. Sullivan, Workman & Dee, LLP has been dedicated to protecting private property rights and seeking greater compensation.

Inverse condemnation may involve takings of a wide range of properties including:

Apartment and condominium complexes

Auto and truck dealerships

Automotive repair

Banks and other financial institutions

Bars and social clubs

Churches and other religious communities

Commercial and industrial properties

Convenience stores

Charities and foundations

Fast food chains

Farms and orchards

Food processing facilities

Gas stations (chain and independent)

Golf and country clubs

Grocery stores (chain and independent)

Hotels and motels

Hospitals

Manufacturing and distribution facilities

Malls and shopping centers

Museums

Office buildings and parks

Oil companies

Paint stores

Parking facilities

Ranches

Restaurants (chain and independent)

Retail outlets

RV and Self-storage facilities

Schools

Single-family dwellings

Universities

Vacant land

Warehouses and packing facilities

Know that attorneys fees and responsibility for payment of other litigation expenses are negotiable and are not set by law.

In eminent domain, there is one chance for fair and just compensation for your property. Don’t delay; call us today to schedule a free consultation at (866) 399-8679.

To learn more about the eminent domain process and your rights, click here for an on-line copy of our brief, informative brochure, “Property and Business Owners’ Rights and Remedies under the Eminent Domain Law.”

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